How to Register a Trademark in India

Documents and information you will need

• Name and address of the applicant (individual or business)
• The trademark: word mark, logo or both, in clear form
• Description of goods or services and the relevant class or classes
• Date of first use, if the mark is already in use, with supporting evidence
• Power of attorney if filed through an agent
• MSME or startup certificate, if claiming reduced fees

Step-by-step process

1. Conduct a trademark search. Search the registry for identical or similar marks in the same or related classes to assess the risk of objection or opposition.
2. Identify the correct classes. Trademarks are registered by class under the Nice Classification; choose every class that covers your current and planned goods and services.
3. File the application. File Form TM-A online with the mark, classes, description and user details. An application number is generated immediately and you may use the TM symbol.
4. Examination. The registry examines the application and may issue an examination report raising objections on distinctiveness or conflict with earlier marks.
5. Reply to objections. File a reasoned reply within the time allowed and attend a hearing if one is scheduled.
6. Publication and opposition. Accepted marks are published in the Trade Marks Journal; third parties can oppose within the opposition period.
7. Registration. If there is no opposition, or the opposition is decided in your favour, the mark is registered. Registration lasts ten years and can be renewed indefinitely.

Frequently asked questions

When can I use the ® symbol?

Only after the trademark is registered. During the application stage you may use TM.

Can I register a logo and a name separately?

Yes, and many businesses do, because each gives different protection.

Do I need a trademark for each country?

Trademark rights are territorial. Protection abroad requires national filings or an international application under the Madrid Protocol.